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(영문) 전주지방법원 2015.10.02 2014가단28741
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On January 201, 201, Seowon Construction Co., Ltd. (hereinafter “Seowon Construction”) was awarded a contract for the construction work of the Defendant’s Jeonju Industrial Complex (hereinafter “ Jeonju Factory”) located in the Jeonwon-gun, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Construction”) from the Defendant as the construction cost of KRW 26,521,00,000.

B. During the construction of the Seowon Construction, around April 2012, the construction cost of the first construction has been changed to KRW 35,871,00,000 between the Defendant and the Defendant, and the construction period of the first construction was set from February 14, 201 to June 20, 2012.

C. On June 10, 201, among the first construction works from Seowon Construction, the Plaintiff was awarded a subcontract for each of the instant construction works on March 5, 2012, and completed each of the instant construction works until June 20, 2012.

On July 2012, Seowon Construction agreed to set the construction period from July 5, 2012 to August 15, 2012, the construction period of construction, and the construction period of construction amount of 440,000,000,000, and the contract for the construction period of 3/100.

E. From July 25, 2012, the Plaintiff: (a) decided on July 25, 2012, as the construction cost of KRW 15.4 million for painting construction works; and (b) decided as the construction period from July 25, 2012 to August 6, 2012, the Plaintiff subcontracted and completed the painting construction works.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2, Eul evidence 1-1 to 13 (including additional evidence), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that: (a) around September 2012, the Defendant: (b) contracted the construction of the Jeonju Factory to the Construction of Seowon; and (c) the construction of the office building building and the construction of the office rooftop and the construction of the chemical unit; (b) around that time, the construction of Seowon was subcontracted to the construction of Seowon.

In addition, the construction of Seowon awarded a contract to the Plaintiff for the repair and maintenance of the office roof of the Jeonju Factory.

On October 24, 2012, the Plaintiff completed the repair work for the project and rooftop.

(1) The above, (2) projects and rooftops.

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